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Medical Malpractice Tag

Covid-19 Nursing Home Liability Attorneys Discuss Legal Action

covid-19 nursing home liability attorneys

As the number of nursing homes and assisted living facilities (ALFs) hit with Covid-19 outbreaks continues to escalate, so does the number of individuals looking for Covid-19 Nursing Home Liability Attorneys to take legal action against them and their employees due to the deaths of loved ones.  Legal issues involving the Covid-19 pandemic as it relates to nursing home care and other related care services include, but are not limited to, improper testing, insufficient number of caregivers, and lack of personal protective equipment (PPE).  Improper TestingNursing homes, ALFs, and other care facilities who do not acquire test materials, do not properly administer...

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Mallard & Sharp Achieve Highest Medical Malpractice Verdict in Miami Dade

Highest Medical Malpractice Verdict

Mallard & Sharp, P.A. is proud to announce their achievement of obtaining the Highest Medical Malpractice Verdict of the Top 100 Verdicts of 2017, and the 9th largest verdict for the entire state in 2017. Under the professional direction of founding member Richard “Bo” Sharp, Esq. and co-counsel Vidian Mallard, the firm successfully attained the highest medical malpractice verdict in Miami Dade in the amount of $33,153,912.00 in the case of MARLA DIXON, EARL REESE-THORNTON, and ER v. The United States of America, of E.R., a minor, Case No.: 1:15-cv- 23502 (case type Birth Injury, Medical Malpractice, Personal Injury, Professional Negligence, and...

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Types Of Medical Malpractice & Medical Negligence

malpractice

While medical malpractice and medical negligence are often thought of as one in the same, in actuality they are distinctly different. In many cases, however, they occur together. The line that separates medical malpractice from medical negligence is intent. Malpractice is the intentional deviation from established standards of care, while negligence is associated with accidents, oversight, and other unintentional actions. Types of medical malpractice include:Doctor/physician malpracticeHospital malpractice Anesthesia errorsNursing malpracticeSurgical malpracticeDefective medical devices Some examples:• Medication errors, including failure to review all medications a patient is taking and confirming contraindications to use of any particular medication• Failure to monitor patients, improper care,...

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Legal Help For Victims Of Birth Injuries: A Step-By-Step Checklist Guide

Legal Help For Birth Injury

Your child has a birth injury. You’re in shock. You need legal help, direction, and resources. Here’s how to start: 1. Remember to practice self care. You can best help your child and your family if you’re eating, sleeping, and staying hydrated. That way you can stay focused, find valuable information, and make beneficial choices. 2. Research information about lawyers who specialize in birth injuries, or if possible, who specialize in the particular type of birth injury your child has sustained. This can include cerebral palsy, Erb’s palsy, hypoxia, asphyxia, organ failure, brain damage, C-section injuries, infections, and more. See types of birth injuries here. 3. Schedule a consultation to...

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Cerebral Palsy: Common Birth Injuries With Multiple Causes.

Cerebral Palsy Lawyer

Learning that your newborn baby has a birth injury is devastating in itself. But what if you’re faced with a diagnosis from a multi-faceted group of birth injuries compounded by a maze of possible causes? Such is the case with Cerebral Palsy, which is often mistaken for one type of palsy induced by brain damage. Cerebral Palsy is, in fact, a group of disorders that may be caused by either a brain injury or abnormal brain development. And while abnormal brain development may occur before or after delivery, brain injuries can occur before, during, or after delivery. Further complicating cases involving Cerebral...

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Military Medical Malpractice Legislation Gives Active Duty Victims More Hope

Medical Malpractice

By Y. Peter Kang Law360 (May 17, 2019, 8:05 PM EDT) -- A recently floated Military Medical Malpractice bill that would allow active-duty military members to sue the federal government for medical malpractice is an encouraging first step in providing justice for victims who are barred from filing such cases because of a 70-year-old U.S. Supreme Court precedent, experts said. Led by U.S. Rep. Jackie Speier, D-Calif., House lawmakers introduced bipartisan legislation on April 30 that would carve out a medical malpractice exception under the Federal Tort Claims Act, which specifically bars military members' claims for injuries or deaths "incident to” their service. The bill’s co-sponsors...

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Feds Pay $1.25 Million To End Baby Brain Damage And Death Suit

Brain Damage

By Y. Peter Kang Law360 (May 2, 2019, 8:09 PM EDT) -- A Florida federal judge has approved a $1.25 million settlement to resolve a suit accusing a federally funded health clinic of negligently causing a newborn's brain damage, which ultimately resulted in his death 14 months later. U.S. District Judge Marcia G. Cooke signed off on the deal to end a Federal Tort Claims Act suit accusing Dr. Carlos A. Rodriguez, an employee of Citrus Health Network Inc., of failing to timely perform an emergency Cesarean section on patient Dayami Hernandez, which caused her son to suffer permanent and severe brain...

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Fla. Justices’ Medical Malpractice Cap Ruling May Mobilize Lawmakers

Judgement Award

By Y. Peter Kang Law360, Los Angeles (June 9, 2017, 9:29 PM EDT) -- The Florida Supreme Court's recent split ruling that a 2003 state law capping noneconomic damages in medical malpractice cases is unconstitutional was a major decision which experts said was a big win for patients but may not be the end of Florida lawmakers' efforts to enact tort reform bills. In a 4-3 decision, the state's highest court found that the law capping noneconomic damages at $500,000, or $1 million in the most egregious cases, violates the equal protection clause of the Florida Constitution because it arbitrarily reduces damage awards...

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How To Help Your Med Mal Verdict Survive an Appeal

Surgical Malpractice

By Y. Peter Kang Law360, Los Angeles (May 16, 2017, 9:28 PM EDT) -- Attorneys for med mal plaintiffs who win a jury or bench verdict can steel themselves for a likely appeal by being acutely aware of disputes over evidence and jury instructions and laying the groundwork before, during and after the trial to ward off those challenges. There are two schools of thought on how to deal with the potential for appeals amid a trial, according to Patrick Salvi Jr. of Salvi Schostok & Pritchard PC in Chicago. He said some attorneys will say win the trial first and worry about the...

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Federal Gov Hit With $34 Million Verdict In Brain Damage Birth Injury Case

Birth Injuries

By Y. Peter Kang Law360, Los Angeles (April 17, 2017, 10:17 PM EDT) -- A Florida federal judge on Monday put the federal government on the hook for $33.8 million after ruling that a doctor at a federally funded health clinic failed to order a cesarean section delivery, leading to a newborn’s irreversible brain damage birth injury. Following a four-day bench trial in March, U.S. District Judge Robert N. Scola Jr. found that Dr. Ata Atogho, an employee of the Jesse Trice Community Health Center, negligently performed a vaginal delivery of Marla Dixon’s and Earl Reese-Thornton Sr.’s son, Earl Jr., despite repeated...

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